Res 2009- 55 Vacating a Street Portion upon a PetitionII• I 1 11 / •
RESOLUTION 09 -55
A RESOLUTION VACATING A PORTION OF STREET UPON A PETITION OF A
MAJORITY OF ABUTTING LANDOWNERS
WHEREAS, a petition signed by the majority of property owners abutting Eugenia Ave,
a portion of street in Mendota Heights was received by the City Clerk on the 271' day of May,
2009: and:
WHEREAS, the petition requested that the City Council pursuant to Minnesota Statute
412.851 vacate Eugenia Avenue, a portion of street between Hiawatha Avenue and it's
terminating point 263 feet east of Hiawatha Ave, legally described as:
That portion of the north fifteen (15.00) feet of Eugenia Avenue lying east of
Hiawatha Ave, (Pierce Street), Cherokee Park Heights, according to the recorded
plat thereof, Dakota County, Minnesota.
WHEREAS, the City Clerk has reviewed and examined the signatures on said petition
and determined that such signatures constitute a majority of the landowners abutting upon the
portion of street to be vacated; and
WHEREAS, a public hearing to consider the vacation of such street was held on the 7th
day of July, 2009, before the City Council in the City Hall located at 1101 Victoria Curve at 7
p.m. after due published and posted notice had been given as well as personal mailed notice to
all affected property owners by the City Clerk on the 19th day of June, 2009, and all interested
and affected persons were given an opportunity to voice their concerns and be heard; and
WHEREAS, any person, corporation or public body owning or controlling easements
contained upon the property vacated reserves the right to continue maintaining the same or to
enter upon such way or portion thereof vacated to maintain, repair, replace or otherwise attend
thereto; and
WHEREAS, the Council in its discretion has determined that the vacation will benefit
the public interest because:
1. A majority of land owners abutting the property support the request.
2. The City of Mendota Heights would benefit from the property being placed on the tax
roll for increased revenue.
3. The City of Mendota Heights would have reduced liability for the property turned back to
residents.
4. The City of Mendota Heights would benefit from removing the maintenance obligation
for the property.
5. The City of Mendota Heights has no future need for access on Eugenia, east of Hiawatha.
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NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Mendota Heights, Minnesota, that such petition for vacation is hereby granted and the portion of
street described as follows is hereby vacated:
That portion of the north fifteen (15.00) feet of Eugenia Avenue lying east of
Hiawatha Ave, (Pierce Street), Cherokee Park Heights, according to the recorded
plat thereof, Dakota County, Minnesota.
BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to
sign all documents necessary to effectuate the intent of this resolution.
Adopted by the City Council of the City of Mendota Heights this 7t' day of July, 2009.
ATTEST:
sy �X -
Kat eS wanson, City Clerk
CITY COUNCIL
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A PORTION OF EUGENIA AVENUE
The undersigned, Kathleen M. Swanson, City Clerk of the City of Mendota Heights, situated in
Dakota County, Minnesota, hereby certifies that at a regular meeting of the City Council of the City
of Mendota Heights duly called and held on the 7 1h day of 2009, in the City Hall of the City of
Mendota Heights, at which a quorum was present, the following resolution was unanimous adopted,
to-wit:
WHEREAS, the City of Mendota Heights is the current record owner of a street right-of-way as
WHEREAS, a notice of hearing on said vacation has -been duly published and posted more than two
k,veeV_-,s before the date scheduled for the hearing on said vacation, all in accordance with the
applicable Minnesota Statutes; and
WHEREAS, a public hearing was held on said vacation on July 7,, 2009, at 7:00 o'clock P.M. or as
soon as ossi ble thereafter, at the City Hall of the City of Mendota Heights; and
p
WHEREAS, the City Council then proceeded to hear all persons interested in said vacation and all
persons were afforded an opportunity to present their views and objects to the granting of said
petition.
N ®w THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota
Heights, Minnesota, as follows:
That the vacation of the street right-of-way described above, situated in the City of
Mendota Heights, is in the best interest of the public and the City, and it is not
detrimental to the health, safety and welfare of the community.
2. That the above described street right-of-way be and the same is hereby vacated.
3. That the City Clerk be and is hereby authorized and directed to prepare and present to
the proper Dakota County officials notice of completion of these vacation
proceedings, all in accordance with the applicable Minnesota Statutes.
That in accordance with said resolution, said vacation proceedings have been completed.
Dated: 2 /_Zod
0Z
X
hleen M. Swanson, City Clerk
City of Mendota Heights
2671378
Receipt#: 65281
ABSTRACT FEE $46.00
Recorded on: 7/15/2009 09:00:01AM
By: TMC, Deputy
Return to:
CITY OF MENDOTA HEIGHTS
11o1 VICTORIACURVE
Is
Joel T. Beckman Co-Lmt-Y Recorder
MENDOTA HEIGHTS, MN 551 Dakota County, MN
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY9 MINNESOTA
A RESOLUTION VACATING A PORTION OF STREET UPON A PETITION OF A
MAJORITY OF ABUTTING LANDOWNERS
WHEREAS,, a petition signed by the majority of property owners abutting Eugenia Ave,
7 th
a portion of street in Mendota Heights was received by the City Clerk on the L day of May,
2009: and:
WHEREAS, the petition requested that the City Council pursuant to Minnesota Statute
412.851 vacate Eugenia Avenue, a portion of street between Hiawatha Avenue and it's
terminating point 263 feet east of Hiawatha Ave, legally described as:
That portion of the north fifteen (15.00) feet of Eugenia Avenue lying east of
Hiawatha Ave, (Pierce Street), Cherokee Park Heights, according to the recorded
plat thereof, Dakota County, Minnesota.
WHEREAS, any person, corporation or public body owning or controlling easements
continue maintaining the same or to
contained upon the property vacated reserves the right to cont
n repair, replace or otherwise attendenteruponsuchwayorportionthereofvacatedtomaintain,
thereto; and
WHEREAS, the Council in its discretion has determined that the vacation will benefit
the public interest because:
1. A majority of land owners abutting the property support the request.
2. The City of Mendota Heights would benefit from the property being placed on the tax roll
for increased revenue.
3. The City of Mendota Heights would have reduced liability for the property turned back to
residents.
obligation
4. The City of Mendota Heights would benefit from removing the maintenance ob
li
1
for the property.
5. The City of Mendota Heights has no future need for access on Eugenia, east of Hiawatha.
I -
ON
a
frlltOW) THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Mendota Heights, Minnesota, that such petition for vacation is hereby granted and the portion of
street described as follows is hereby vacated:
That portion of the north fifteen (15. 00) feet of Eugenia Avenue lying east of
Hiawatha Ave, (Pierce Street), Cherokee Park Heights, according to the recorded
plat thereof, ota County, Minnesota. f)
BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to,
sign all documents necessary to effectuate the intent of this resolution.
Adopted by the City Council of the City of Mendota Heights this 7
1h day of July, 2009.
By By sus John Huber
Kahle eZ M. Swanson,, City Clerk John Huber, Mayor
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STATE OF MINNESOTA
COUNTY OF DAKOTA
CITY OF MENDOTA HEIGHTS
S.S.
1, Kathleen M. Swanson, being the duly appointed City Clerk of the City of
Mendota Heights, do hereby certify that the attached Resolution #09-55, "A Resolution
Vacating a Portion of Street Upon A Petition of A Majority of Abutting Landowners" is a
true and exact copy of said original resolution on file in my office.
Signed and sealed by my hand this I oth day of July, 2009.
Kdhleen M. Swanson
City Clerk